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All students of the Faculty of Sharia Islamic University (UIN) Malang visited the Constitutional Court (MK) on Tuesday (29/11) morning, which is received directly by the Constitutional Justice M. Alim. On that occasion Constitutional Justice M. Alim gave a short lecture "Overview of State Law and the Authority of the Constitutional Court of the Republic of Indonesia".

Started the meeting, Constitutional Justice M. Alim explained that the Constitutional Court is a new state agency formed as a result of legal reforms that started rolling in Indonesia since 1998, after the fall of President Suharto and his power.

"However, to understand the position of the Constitutional Court in Indonesia state law, need to know some of the provisions of the 1945 Constitution. For example in the 1945 Constitution stated, ‘Unitary State of Indonesia is a Republican form of government, "said Alim.

In addition, said Alim, the 1945 Constitution says about ‘Sovereignty belongs to the people and carried out according to the Constitution’ in political science known as popular sovereignty or democracy. The words democracy comes from the word ‘demos’ meaning people and ‘kratos’ meaningful power. Thus, democracy means the people in power or sovereignty of the people.

Also, it mentioned in the 1945 ‘State of Indonesia is a State of Law’ which by the law referred to as nomocracy. Nomocracy words derived from the word ‘nomos’ meaning law and ‘kratos’ meaningful power. So, nomocracy the ruling or the law means the rule of law.

In addition, Alim describes the problem of ‘welfare state’ which has the characteristic that the government was obliged to take care of defense, security, education, youth, sports, economy, health, environment, arts, culture and so on.

"The job of government are going to be complex. That feature of the welfare state or welfare state is commonly referred to as a modern constitutional state. Mohammad Hatta was named the welfare state as a ‘state board’, "said Alim.

The concept of the welfare state, said Alim, actually existed long before the time of the Prophet Muhammad’s leadership. In Islamic teachings, including the leader of one of the government is the servant of the clan. Therefore, the Medina state or government leaders who organized under the laws of Islam are the servants of the people of Medina.

"Which means also that the state of Medina is a welfare state or the state of modern law, not state common law classic known as ‘night watchman state’ where the government acts only in the event of acts that disrupt public order and safety, as well as economic and non-interference social, "explained Alim told the students.

Alim also explained further the authority of the Constitutional Court, which is testing the law against the Constitution, rule on the dispute the authority of state institutions whose authorities are granted by the Constitution, to decide the dissolution of political parties and to decide upon disputes on general election results.

While the obligations of the Constitutional Court issued a decision on the opinion of the House regarding the alleged violations by the President and / or the Vice President by the Constitution, as set forth in Article 24C Paragraph (2) of the 1945 Constitution, together with Article 10 paragraph (2) of Law no. 24/2003 on the Constitutional Court. (Nano Tresna A. / mh/Yazid.tr)

 

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